What proof do credit card companies have to show Experian before regisitering a debt

[aagwill]

Hi,

 

When a credit card company for example, register a debt with a credit reference agency they surely have to prove in a legal fashion that a debt actually exists. I assume that the credit card company could not register a debt without proof as they could claim anyone has a debt without it.

As far as I'm aware the only legal document that proves the existence of a debt is a CCA that was signed at the time of opening the account.

Could I not challenge Experian to prove that a CCA was produced in order to prove that I owe what they sat I owe?

Can this be done by a Statutory access request?

Any help is most appreciated.

[BRIGADIER2JCS]

No, that is commercially sensitive business information

between the company and the CRA.

Why would yo need to gone down this route any way.

Once an entry is made to a file you must contact

the creditor who placed it if you have any queries.

[aagwill]

Sorry, I don't understand the reply.

Any information held by a CRA about me is covered by the Data Protection Act???

 

I was basically asking what proof the creditor shows to the CRA when registering the debt. Surely they cant just add files to your report at will with no proof the debt even exists??

 

A credit card company has told me they have sold my debt to another company. I won't deal with the new company as is my right under the consumer credit act. I have been trying to get hold of the of a copy of my original credit agreement. If the new company wish to register my debt with Experian then they must be in possesion of the original signed credit agreement in order to register it?? As far as I'm aware there is no other document that legaly shows a debt exists??

Or can credtiors add files to anyone's report without having to show any proof the debt exists??

The original creditor and the new one are both updating my credit file each month so I now have 2 files being updated for the same supposed debt.

[Hazzinho]

Who knows better than the credit company that you owe the debt? they provide the details monthly to the cra's. sometimes they sell the debt on. i dont get the issue. if you dont think a debt is your you dispute it with a cra. sometimes debt companies mistrace debts.

[Hazzinho]

Should have read more careful the old debt needs removing. the debt is now with a debt collection company and should report once.

[BRIGADIER2JCS]

The creditor supplies the data which complies

with the DPA and ICO principles for so doing

that is part of their agreement/contract with

the lenders and DCA's.

You can certainly SAR a CRA but what

you receive will be the data you can see

on your report free or £2.00, there

is no ''hidden'' data.

Once a debt is sold/assigned the new owner

or assigned CRA takes on the obligation

of updating the files.

The ''old debt'' is not removed the file is updated

by the new owner.

You should contact the organisation

that placed the entry first as only they

can request removal or correction.

Whilst the complaint is processed

you can place a notice of dispute on your

file free.

[dpick]

Problem for me is when as happened to me the original Creditor puts a default on your file with wrong amount (includes charges) they then pass to DCA. The DCA then puts another default on your file(two defaults both with unfair charges) the CRA just takes the word of the OC/DCA never checks themselves that the data is correct and you have to suffer the consequences of this incorrect data while you take them to court. I did and the data was on my file for 2 years until they settled and removed incorrect data just before the court hearing.

[BRIGADIER2JCS]

Then yes the complaint should be made to all three, I

find the beat avenue is to send this type of complaint to

The compliance Manager of each company,it gets

quicker and better attention.

[craigers]

request the cra s remove it on the grounds you can't have two defaults for one file. best done if you have a copy of the notice of assignment. contact both the dca and oc and demand they remove the defaults. i would go as far as saying report it to the ico as well. even if the dca/oc removes a default, the ico should be made aware.

[BRIGADIER2JCS]

The CRA will correctly refer you to the company that place the data,

and will contact them and ask the DCA/Creditor if it can be removed.

The complaints should be sent to the Compliance managers of the DCA the CRA

and the original creditor marked FORMAL COMPLAINT, if this fails

and you get a FINAL RESPONSE from the parties the complain to the ICO,

The ICO prefers complaints procedures to be exhausted first much like FOS.

[liquidauctions]

In short they dont have to prove anything regarding the debt. Creditors are in bed with the CRA's and when they provide them with new accounts it is done in a good faith as the creditor is bound to the usual leglislations to ensure they provide accurate data.

[BRIGADIER2JCS]

I believe there is some form of declaration

of accuracy contractually between the DCA's

and CRA's the DPA gives the requirement

for the content and accuracy.

In bed with I think is a bit harsh, there is

a contractual relationship regulated

by Act of Parliament in its' conduct.

[brokebutnotbeatn]

sometimes it looks as if you have 2 defaults when there is only one BUT the OC marks the file as assinged and the new owner picks up and reports on the default. But when you look at the detail the default with the new owner should read datewise as it does when you look at the detail of the OC.